V. Strictly Implementing the Laws and Regulations on Non-Proliferation Export Control
Through the past years, China has steadily improved and developed its laws and regulations on non-proliferation, providing a solid legal basis and strong guarantee for the better attainment of the government’s non-proliferation goals and, at the same time, setting a new demand for law-enforcement capability of the relevant functional departments of the government. In order to ensure the effective implementation of these laws and regulations concerning non-proliferation export control, the departments concerned of the Chinese government have devoted a great deal of effort to improving non-proliferation export control organs, publicizing the relevant policies and regulations, conducting education for enterprises, and investigating and handling cases of violation.
Export Control Organs China’s non-proliferation export control involves many of the government’s functional departments. So far, a mechanism for a clear division of responsibility and coordination has been established among these departments.
China’s nuclear export comes under the control of the Commission of Science, Technology and Industry for National Defense (COSTIND), jointly with other relevant government departments. Arms export, including the export of missiles, and facilities and key equipment used directly for the production of missiles, is under the control of COSTIND and the relevant department under the Ministry of National Defense, jointly with other government departments concerned.
The export of nuclear dual-use items, dual-use biological agents, certain chemicals, and the missile-related dual-use items and technology for civilian use is under the control of the Ministry of Commerce (MOFCOM), jointly with other government departments concerned. Among them, the export of nuclear dual-use items and missile-related dual-use items and technologies is subject to examination by the MOFCOM, jointly with COSTIND. The export of dual-use biological agents and technologies related to animals and plants is subject to examination by the MOFCOM, jointly with the Ministry of Agriculture if needed. The export of dual-use biological agents and technologies related to humans is subject to examination by the MOFCOM, jointly with the Ministry of Health if needed. The export of equipment and technologies related to dual-use biological agents and of equipment and technologies related to certain chemicals is subject to examination by the MOFCOM, jointly with the State Development and Reform Commission if needed. The export of controlled chemicals is subject to examination by the State Development and Reform Commission, jointly with the MOFCOM.
The export of sensitive items and related equipment and technologies that relate to foreign policy is subject to examination by the above-mentioned competent departments, jointly with the Ministry of Foreign Affairs. Where the export items entail significant impact on national security and public interests, the competent departments shall, jointly with other relevant departments, submit the case to the State Council and the Central Military Commission for approval.
The State General Administration of Customs shall be responsible for the supervision and control of the import and export of the above-mentioned items and technologies.
Special organs, staffed with specialists, have been set up in the above-mentioned ministries and commissions to take charge of the export control work.
Publicity for Laws and Regulations and Education for Enterprises Immediately after the non-proliferation export control regulations were issued, a news release was announced through the national media, and the full text of the regulations and control lists was published in the professional publications and on the web sites of the government departments, foreign trade enterprises and research institutes concerned. The publicity has provided favorable conditions in informing the concerned exporters of the regulations and control lists. Competent departments concerned have also taken positive steps to ensure earnest implementation of the regulations by relevant enterprises and institutions, and to make export enterprises familiarized with the contents of the regulations and procedures for export examination and approval by organizing lectures and training courses on these regulations.
Building of the Export Examination System In order to effectively implement the export control regulations, China has established a system involving application, examination and approval, certificate issuance and Customs control, inspection and clearance, and this system applies to all interested exporters. The Ministry of Commerce and other competent departments are formulating the Export Licensing Catalogue of Sensitive Items and Technologies (i.e. the commodities on the lists attached to relevant export control regulations bearing Customs HS codes), and are doing their best to ensure compliance by export enterprises at all stages of export, and enhance the government’s capability to exercise supervision on export control.
To make it more convenient for export enterprises to apply for export licenses, the Ministry of Commerce plans to provide an online service for license application, examination and approval geared to the needs of the general public once the operation system is available. The government will also establish a corresponding export control information exchange network among the examining, approving and license-issuing organs and the Customs office.
Investigation and Handling of Law Violations The Chinese government attaches great importance to the investigation and handling of cases of law violations relating to non-proliferation. After being informed of possible illegal exports, concerned competent departments will make earnest investigations and administer corresponding administrative punishments, or transfer the cases to the judicial organs for ascertaining criminal responsibility, depending on the seriousness of the law-breaking acts. In recent years, the Chinese government has dealt with a number of law-breaking export cases and administered corresponding punishments to the units and individuals involved according to law.
Strengthening the ability to enforce the law and to effectively implement
the non-proliferation export control regulations is a complex systems
engineering project that involves many aspects and requires coordination
and cooperation among different government departments. At the same time,
understanding of the relevant state policies and regulations by domestic
enterprises, their increased consciousness of the importance of non-proliferation,
and the establishment of a self-discipline mechanism among them also have
a direct bearing on the implementation of the non-proliferation laws and
regulations. The concerned departments of the Chinese government are summing
up their experience, constantly strengthening the training of the law-enforcing
personnel, intensifying publicity and further improving the domestic non-proliferation
export control system.